[Congressional Record Volume 164, Number 116 (Wednesday, July 11, 2018)]
[Senate]
[Pages S4890-S4891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

  ENERGY AND WATER, LEGISLATIVE BRANCH, AND MILITARY CONSTRUCTION AND 
               VETERANS AFFAIRS APPROPRIATIONS ACT, 2019

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House disagree to the amendment of the 
     Senate to the bill (H.R. 5895) entitled ``An Act making 
     appropriations for energy and water development and related 
     agencies for the fiscal year ending September 30, 2019, and 
     for other purposes.'', and ask a conference with the Senate 
     on the disagreeing votes of the two Houses thereon.

  The PRESIDING OFFICER. The Senator from Alabama.


                            Compound Motion

  Mr. SHELBY. Mr. President, I move that the Senate insist on its 
amendment, agree to the request of the House for a conference, and the 
Chair be authorized to appoint conferees on the part of the Senate.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Louisiana.


                           Motion to Instruct

  Mr. CASSIDY. Mr. President, I have a motion to instruct conferees at 
the desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the motion.
  The bill clerk read as follows:

       The Senator from Louisiana [Mr. Cassidy] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 5895 be instructed to insist that the final 
     conference report include provisions that have the effect of 
     extending the National Flood Insurance Program, and the 
     authority of the Administrator of the Federal Emergency 
     Management Agency to issue notes and obligations with respect 
     to that Program, through January 31, 2019.

  The PRESIDING OFFICER. The Senator from Tennessee.


                           Motion to Instruct

  Mr. CORKER. Mr. President, I have a motion to instruct conferees at 
the desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the motion.
  The bill clerk read as follows:

       The Senator from Tennessee [Mr. Corker] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 5895 be instructed to include language 
     providing a role for Congress in making a determination under 
     section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
     1862).

                           Motion to Instruct

  The PRESIDING OFFICER. There are now 2 minutes, equally divided, on 
the Cassidy motion to instruct.
  The Senator from Louisiana.
  Mr. CASSIDY. Mr. President, very briefly, this is a 6-month 
reauthorization of current law, which will allow continued work for a 
longer term reauthorization. It protects American families and the U.S. 
taxpayers from the consequences of a lapsed program during peak 
hurricane season.
  I urge its adoption.
  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the motion to instruct.
  Mr. CASSIDY. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER (Mrs. Ernst). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 94, nays 5, as follows:

                      [Rollcall Vote No. 150 Leg.]

                                YEAS--94

     Alexander
     Baldwin
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Corker
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gardner
     Gillibrand
     Graham
     Grassley
     Harris
     Hassan
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Perdue
     Peters
     Portman
     Reed
     Risch
     Roberts
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott
     Shaheen
     Shelby
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--5

     Barrasso
     Enzi
     Flake
     Lankford
     Lee

                             NOT VOTING--1

       
     McCain
       
  The motion was agreed to.


                             change of vote

  Mr. LEE. Mr. President, on rollcall vote No. 150, I voted yea. It was 
my intention to vote nay. Therefore, I ask unanimous consent that I be 
permitted to change my vote since it will not affect the outcome of the 
vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The foregoing tally has been changed to reflect the above order.)


                           Motion to Instruct

  The PRESIDING OFFICER. There are now 2 minutes, equally divided, on 
the Corker motion to instruct.
  The Senator from Tennessee.
  Mr. CORKER. Madam President, I rise to speak in favor of this motion, 
where Congress would have an appropriate role in section 232 of the 
Trade Act as invoked on national security grounds. This is something 
that anybody who supports the Senate playing its proper role should 
support.
  I thank Senator Toomey, Senator Flake, and 15 other Senators who 
supported this overall effort. This is a baby step in a good direction 
for the U.S. Senate and for our country.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. BROWN. Madam President, you all know where I stand on section 232 
steel tariffs. I strongly support them because thousands of 
steelworkers across the country have lost their jobs due to Chinese 
steel overcapacity. Tough trade enforcement against

[[Page S4891]]

China cheating has long been overdue. These tariffs are a tool to bring 
China to the table and to get long-term structural changes to support 
American jobs.
  My colleagues know I strongly oppose the Corker-Toomey legislation, 
which would undo China's tariffs, let China off the hook, and gut the 
section 232 status. That is why I stood on the floor 2 weeks ago to 
block that.
  What we are considering today is different. With this motion to 
instruct, the Senate will reaffirm that it has a role in section 232 
determinations. Of course, we should. That is why I have talked 
regularly with Secretary Ross and Ambassador Lighthizer throughout this 
process.
  I will vote for the motion to instruct not because I think it makes 
sense to consider trade policy on an appropriations bill that has 
nothing to do with tariffs but because, of course, Congress should have 
a role in 232 determinations. It should have a role in all trade 
policies. I have been saying that for years. I am glad my colleagues 
finally agree.
  The PRESIDING OFFICER. The Senator's time is expired.
  Mr. BROWN. I ask unanimous consent for 10 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWN. Let me be clear. Today's vote is not a vote for 
undermining the trade agenda. It is not a vote to rescind steel 
tariffs. I will do everything in my power to defeat any efforts to do 
that.
  I yield.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. TOOMEY. Madam President, if there is any time remaining, let me 
just stress that this vote is a vote to move in the direction of 
restoring to Congress our constitutional authority and, ultimately, if 
we do that right, to revisiting the misuse of the section 232 
provisions of our trade law, which is applying inappropriate tariffs on 
steel and aluminum from our allies and close friends.
  I urge my colleagues to vote yes.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
instruct.
  Mr. LEE. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER (Mr. Tillis). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 88, nays 11, as follows:

                      [Rollcall Vote No. 151 Leg.]

                                YEAS--88

     Alexander
     Baldwin
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Corker
     Cornyn
     Cortez Masto
     Cotton
     Cruz
     Daines
     Donnelly
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Flake
     Gardner
     Gillibrand
     Grassley
     Harris
     Hassan
     Hatch
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Manchin
     Markey
     McCaskill
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Peters
     Portman
     Reed
     Roberts
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Shaheen
     Shelby
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--11

     Barrasso
     Capito
     Crapo
     Enzi
     Graham
     Heller
     Hyde-Smith
     Inhofe
     Perdue
     Risch
     Scott

                             NOT VOTING--1

       
     McCain
       
  The motion was agreed to.
  The Presiding Officer appointed Mr. Shelby, Mr. Alexander, Mr. 
Boozman, Mr. Daines, Mr. Lankford, Mr. Leahy, Mrs. Feinstein, Mr. 
Schatz, and Mr. Murphy conferees on the part of the Senate.

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